The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-06-29
His FailuretO Take the Stand In His
Ows Defense Caused By
Physical and
MENTAL WRECK, AND ON THE
ADVICE OF PHYSICIANS.
4 Movement to Take His Case Out
of the Jurisdiction Of
the Jury.

lbb lIld WIN oAA Atp Aa1hA
fold physical lments, borne up brave
ly under it. He was no spryer than
usual when he came into court this
morning, nor did he appear to be any
weaker than usual. He said to re-
porter that the effect Of DR.. Loomis's
prescription of yesterday was to make
him sleep better than he had at any
time since his commitment to the Jail.
Mr.. Dayton, OF the Senate clerical
force, was recalled to testify with ref
erence to the general surface railroad
bill Of 1888.
John M. scribner was the next wit
ness. As soon as he took the chair.
Judge Barrett warned Mr.. Parsons
against iepetitions. His Honor said
his object was to save valuable time,
and that he had no intention to ham,
per the defer SO in any way. Mr.. Par
Sons read the report OF the Supreme
Court Commission that recommended
the Broadway railroad, which held
that the annual rental of $4,000 and
the per centage was very liberal ar
Rpgement, and heavy burden for q
city road only two and one.half miles
long.
Mr.. Scribner was then asked If he
had heard the name of BILLY" Molo-
ney mentioned in this case as visitor
at his Office.
81 have" the witness replied. He
said he first met Moloney with Broth
or Chittenden.
"Your Office is said to have been the
headquarters of what the prosecution
called q conspiracy. Is that true?"
81 know of no conspiracy, nor of
any attempt to bride the aldermen and
others" The witness finished and
was not cross examined.
Francis ]. Twomey, clerk of the
Board of Aldermen, was next called.
he testified to his inability to find any
other applications for Broadway
franchise than that OF the Gable
and Broadway railroad. He was not
cross examined.
Mr.. Abraham W. Earl followed. He
said he was secretary OF the New York
Cable Railroad company.
Are you aware that an offer OF
$750,000 was made to the aldermen at
meeting in the Mclaughlin House
by your company--one half cash and
one half bonds-for the right to run
cars on Broadway"
81 have heard some rumors to that
effect, but no such offer was made or
any suggestion of euch an offer"
Mr.. Nicol cross examined witness
and brought out the fact that Presi-
dent Andrews, of the company, did
make Mayor Edison an offer of a
S1,0OO,0OO for tn Broadway franchise,
to be paid into the city treasury.
Having read Mr.. Sharp's testimony as
whole before the Senste Investigat-
ing Committee, W. N. Niles took the
stand. He concluded the examine
ton of Fullgraff before that COM
mittee.
ado you remember statement
made by Fullgrsff after his examina-
tom"
The witness in reply described the
dramatic scene, when Fullgrsf called
on God to strike him dead II be had
ever accepted dollar for his vote.
Q1ite une xpectedly at this point, Mr.
Parsons said that the defense had
only three more witnesses to examine.
awe DESIRE" he added, "to call George
Bliss and John Mcmahon and Julius
Heidman, two members OF the Schne-
rer Club. After we have examined
these witnesses the defense will have
concluded its case"
Mr.. Blies then took the stand. He
related how he had been sat upon by
the investigating committee when he
attempted to demand fair play for
Sharp. 81 demanded Of the COM
mittee," said Mr.. Bliss, con behalf Of
Mr.. Sharp his right to explain certain
of his answers, which, by reason OF
being incomplete, are mis- eading. The
committee consulted, and then Mr..
Seward told me that the committee
had decided to permit no explanation
then, but that, at the close OF his ex
animation, he would be given an op'
portunity. Finally the committee
adjoured to Albany and never gave
Mr.. Sharp the opportunity for expla'
nation that / had been promised"
The court here took recess.
At the conclusion of the testimony
of Mr.. Bliss, Mr.. Parsons announced
that the defense rested their case
Judge Barrett then adjourned court
until tomorrow, when the summing
mn will begin with no restrictions o.
time to either side.
THE OLD MAN SURELY DYING.
The Mail Express in an extra edition
saws: II is believed that Jake SharI
ia dying. His physicians and lawyers
say his condition is very critical. Hi
defense ended in q fiasco at 2:3t
O'Clock this afternoon. Every one wa
surprised at the sudden turn in at
fairs. At the beginning OF the trial |
was Sharp's expressed determination
to take the stand in his own defence
He explained to his counsel how b,
would answer and explain all tn
seeming deficiencies in his examina
ton before the Senate committee. 81
went so far as TO avow that he woult
rather be convicted than permit th,
statements of witnesses for the prose
cution to 90 uncontradicted by him
Everything was arranged that SharI
should testify. From the beginning
of the trial until the night that Judg
Barrett ordered bis committal TO Lud
low street jail, Sharp spent severa
hours every day, after the adjourn
ment Of court, in perfeetinR the state
ment which he wonld make to tn
jury. From the time that he was con
ined in Jail he has failed, and yestei
day afternoon when his counsel
Messrs. Stickney, Parsons an
Peter Mitchell, told him to pre-
pare to take the stand, the
found to their horror tbs
Sharp was physical wreck, and tbs
even mentally he was not in fit con
dition to be a witness. His memoi
was poor, and though, while full
realizing his situation, he aeknowl
edged that he was too weak to stan
the strain of cross examination. Pro-
LOOMS, Shsrp's physician, visite
him in the courtroom soon after. II
found that Sharp was in critics
condition, and counsel came to tn
conclusion that to put him on tn
stand TO be subjected TO & rigid eros
examination OF several hours woul
and In his death, LAWYER Mitche